08-755Council File #�
Green Sheet # 3056272
RESOLUTION
C�
Presented
OF SAINT PAUL, MINNESOTA
0
1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
0
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hazdship on the applicant, other persons or on the community; and
WHEREAS, O'Gaza Bar & Grill, Inc., represented by Dan O'Gara, Owner, who has been
designated as the responsible person on the application, has applied for a variance to present live music
in a tent at O'Gara's Baz & Grili, 164 Snelling Avenue N.; and
WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 10:00 p.m. on August 31,
and September 1, 2, 3, 4, & 5, 2008; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at 164
Snelling Avenue N.; and
WHEREAS, the Department of Safety and Inspections has reviewed the application and has made
recommendations regazding conditions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to O'Gara Bar &
Grill, Inc., subject to the following conditions:
I) The variance shall be for the hours of 4:00 p.m. to 10:00 p.m. on August 31, & September 1, 2,
3, 4, & 5, 2008.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90
dBA, as measured inside of the tent at the wall opposite the stage or noise source.
3) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 10:00 p.m. on each of the event dates.
as-�5�
33 FURTHER RESOLVED, that any violations of the condifions set forth above on any of the dates
34 may result in revocation of the grant of a variance for the subsequent date(s), in addirion to any ciiininal
35 citation which might issue.
Yeas
✓
✓
�
✓
Adopted by Council: Date
�
Adoption Certified by Council Secreta{�
$y: n , � / '�
Approved ly�C3�v i}� : Date �
i
By: 'tJ�.
Requested by Department of Safety & Inspections
��
By: �� E7 /�� �_w/
Forxn Approved by City Attorney
1�
By: —, (�, Q, 1�
Rachel Tierney
Approved by M or for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmentlofficefcounciL• � Oate Initiated:
$� — DeptofSafery&Inspections I� 3WUN-08 !
ConWCt Person ffi Phone: i � j
Mark Kaisersatt �
26E9147 ; pssign �,
Must Be on Council Agenda by (Date): ; Number ��
16-JUL-08� $ GjG ;������ j For
�l `-- Routing
Doc. Type: RESOLUTION � Order I
E-DOCUment Required: Y
Document Contaci: Karen Olson
Contad Phone: 266-9143 � I
ToWI # of Signature Pages _(Clip All Lowtions for Signature)
Approvai of a resolution granting O'Gara Bar & Grill, Inc., represented by Dan O'Gaza, Owner, an exemption from the sound level
limitations in Chapter 293.09, in order to present provide live music, with limitations, in a tent at O'Gaza's Bar & Grill, 164 Snelling
Avenue N., from 4:00 p.m, to 10:00 p.m. on August 31, and September 1, 2, 3, 4, and 5, 2008.
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked undera contract for this department?
Yes No
2. Has ihis persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain ail yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Chapter 293.11 provides for the granting of variances from the sound level lanitations contained in Chapter 203.09.
AdvantageslfApproved:
Applicant may present live music.
'� Disadvantages If Approved:
�I, Neighbors within eazshot of the noise sowce will be subjected to music.
�, Disadvantages If Not Approved:
�', Applicant may not present live music.
Total Amount at
� Transaction:
Punding Source:
Financial Information:
(Explain)
June 30, 2008 11:15 AM
CosURevenue Budgeted:
�.�55
Green Sheet NO: 3056272
0 ➢L Of Saf¢1V & InSp¢CROns
1 pept of Safetv & Inspecaovs ; Deparoment D'vector �
2 'tvAttornev �' 1�1 � '�'�1
3 ayor's Office Mayor/Assistaut
4 �Councd
5 ICSty Clerk � CiN Clerk
Activity Number.
Page 1
� -��s
DEPARTMENT OF SAFETY AND INSPECffONS
Bob Kesler, Di�ector
CITY OF SAINT PAUL
Chrismpher B. Colemmr, :Nayor
COMMERCEBUILDING Telephone: 651-266-9090
BFmvthStreetE,S�te100 Facmmile: 65I-2669l24
SmntPmel,Minnerota55101-1024 Web: www.stpavLgav/dsi
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organization or person seeking variance: C1 �� CL �-tt ��Tn �% �r'�!'_
2. Address: � � � �j�/l%>,n �/-�t,'P � /�ac./ �✓1 N 5 ✓/OL/
3. Responsible person: nc v� D��'cZ
4. Title or position: � �n�
5. Telephone: f C45 �) �G� i-(v�j 7� o� (a S! '� L/�/- 3 333
6. Briefly describe the noise source and equipment involved: �t!/ (�/1isl � p 1�{ !n �Cn 7�
7. Address or legal description of noise source:
8. Noise source time of
9. Briefly describe the steps that will be taken to minimize the noise levels: lYlEl Si /' i.[II�l �?P
C.I�G'r' GL �n �
10. Briefly state reason for seeking variance: 110 �lJ/,tt� �%��
11. Dates during which the
Signature of responsible
Return comQleted Application
CITY OF SAINT PAUL
$150.00 fee to:
DEPARTMENT OF SAFETY AND INSPECTIONS
8 FOURTH STREET E., SiTITE 200
SAINT PAUL, MN 55101-1024
(651) 266-9090
AA-ADA-EEO Empioyer
Date:� � �
Office Use Only
Date Rec'd.
Reviewed
Date Public Notice Sent
Referred to Council
DSI RECEIPT
Date: O6/27l2008
Received From: O'GAR4'S BAR & GRILL INC dba: O'GARA'S BAR ffi GRILL
164 SNELLING AVE N ST PAUL MN 551046748
Description:
Invoice Details
676598
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
ayment Type Check # Received Date Amount
heck 23525 06/27/2008 $150.00
Invoice Amount
$750.00
CITY OF SAINT PAUL
Department of Safery
andinspections
8 Fourth SUeet Easq Sude 200
Saint PaW, Minnewla 55101-t024
(651)2669090Faz (651)2669t24
Hv+w.stpau(9ov/USi
D�-7��
Amount Paid
5150.00
$150.00
� `r I ({"�� G ) ft,�P4},.,�
e�
"� l'i
L �` f `' �
i „S;a� �� ;�
,
� �+ a I
�� k c.z ti'"' � ° '� .
T �,E S�'j�
�,� ,rt;: S-E
�, y i��
Page 1 of 7